Spouse visa complications

[Jockey35]

Hi everyone I'm new here and I have a question. My husband applied for business visit visa and use deception. an agent deceived him and produced false bank statements and letters. This was in 2014. We were dating from 2012 and we can provide evidence of chats and messages but the problem is that the agent made my husband say he was married with a child but in reality this was not true and that he stated he knew no one in uk but we were dating before application was made. To cut the long story short, my husband was banned ten years for deception. We got married two and half years ago and we want to apply for spouse visa. Our marriage is genuine and we can prove that. Now the issue is since previous marriage was false, we didn't think it was going to be a problem till after we got married and now want to apply. Now he will have to divorce previous marriage and backdate it so that our marriage will be recognised. The divorce will be backdated to three years ago before we got married. So do I have to provide eveidence from he divorced we got married or we can provide evidence of when our relationship started three years ago as girlfriend though he was married? Could home office be ok with it if he was married and had a girlfriend? Can I provide evidence of our relationship as his girlfriend four years ago before divorce or I should provide evidence three years ago after divorce? Also since the child is also a lie when we apply for spouse visa will they ask questions about the child and where the child is and will they ask for DNA? Not applying for child though? Or can I say Childs mother took child after divorce and child now stays with mother. Please help. Please no insults, we take responsilithes for our actions for the mess we've created. Sorry this is Long

[FXR_1340]

Hi everyone I'm new here and I have a question. My husband applied for business visit visa and use deception. an agent deceived him and produced false bank statements and letters. This was in 2014. We were dating from 2012 and we can provide evidence of chats and messages but the problem is that the agent made my husband say he was married with a child but in reality this was not true and that he stated he knew no one in uk but we were dating before application was made. To cut the long story short, my husband was banned ten years for deception. We got married two and half years ago and we want to apply for spouse visa. Our marriage is genuine and we can prove that. Now the issue is since previous marriage was false, we didn't think it was going to be a problem till after we got married and now want to apply. Now he will have to divorce previous marriage and backdate it so that our marriage will be recognised. The divorce will be backdated to three years ago before we got married. So do I have to provide eveidence from he divorced we got married or we can provide evidence of when our relationship started three years ago as girlfriend though he was married? Could home office be ok with it if he was married and had a girlfriend? Can I provide evidence of our relationship as his girlfriend four years ago before divorce or I should provide evidence three years ago after divorce? Also since the child is also a lie when we apply for spouse visa will they ask questions about the child and where the child is and will they ask for DNA? Not applying for child though? Or can I say Childs mother took child after divorce and child now stays with mother. Please help. Please no insults, we take responsilithes for our actions for the mess we've created. Sorry this is Long

Deception on top of deception but you say "....we take responsilithes for our actions....."

Oh boy.......

The only thing I can offer to you is stop adding lies on top of lies.

[Casa]

A divorce can't be 'backdated'.

[Jockey35]

Alright what can we do then since our marriage is genuine and I meet all spouse visa requirements. I tot it could be backdated. Then I was misinformed

[Jockey35]

I had court wedding and next day had white wedding. In the morning of white wedding, k had my traditional marriage which can also be called engagement. Can I provide pictures from all the 3 occasions or I shouldn't only provide pictures from the court wedding since that is the marriage that is recognised by law. If I provide court marriage pictures plus traditional marriage pictures plus white wedding pictures can it affect the genuiness of my marriage? Will home office see the court one as genuine since I've done traditional and white wedding?

[CR001]

Please keep all your questions in one topic.

You need to first of all figure out how you are going to get around the other more serious issues you have posted about.

[Londoner007]

How can you divorce a marriage that's false?

[Jockey35]

How can you divorce a marriage that's false?

It hasn't been done yet. We just don't know what to do now to prove o them that we are now genuinely married. Perhaps we could explain to them that the agent made us lie on the form

[CR001]

It is still deception. An applicant is always the one responsible for their visa applications and what is in the form that they sign.

[Jockey35]

It is still deception. An applicant is always the one responsible for their visa applications and what is in the form that they sign.

I understand. In as much as we were deceived by the agent. We take responsibility for our mistakes.

[Londoner007]

The hurdles you will need to pass are - eligibility to marry (were you free to marry your new real wife at the time of application). This means free from previous relationships and were free to marry.

You will need to find a way to dissolve your last marriage to show that the relationship has permanently broken down. Be it a real or not real marriage you need to prove you are free from it. I know its easy for us to say you shouldnt have done this and shouldnt have done that but we all make mistakes and we have to fix it.

After you are free from your marriage, you will need to find a way to marry and register your new marriage and then do the application.

Your biggest risk will be the deception bit, you have clearly lied and Home Office take this very very seriously - but if you can come clean and show you have taken steps to fix it and actually done something about it - and all this is proofed for and it is all submitted to the ECO - who knows you may have a very sympathetic ECO who may consider allowing your entry. - All the best.

[Jockey35]

The hurdles you will need to pass are - eligibility to marry (were you free to marry your new real wife at the time of application). This means free from previous relationships and were free to marry.

You will need to find a way to dissolve your last marriage to show that the relationship has permanently broken down. Be it a real or not real marriage you need to prove you are free from it. I know its easy for us to say you shouldnt have done this and shouldnt have done that but we all make mistakes and we have to fix it.

After you are free from your marriage, you will need to find a way to marry and register your new marriage and then do the application.

Your biggest risk will be the deception bit, you have clearly lied and Home Office take this very very seriously - but if you can come clean and show you have taken steps to fix it and actually done something about it - and all this is proofed for and it is all submitted to the ECO - who knows you may have a very sympathetic ECO who may consider allowing your entry. - All the best.

Thanks- at least there is someone who knows we all make mistakes. Thanks for the advice.
Also will it be a problem if my previous employer refuses to write me a letter of employment and refuses to sign or stampthough I have all electronic payslips? Might apply under category B. I do not have my previous job contract but I can provide one from my new job and letter of employment from my new job earning 20k a year. Can I chat with you privately it looks like most people here are very judgemental and would rather not respond to any other question after my first one regarding deception

[Londoner007]

Because your a new member private function will not be yet available to you so we are stuck communicating here.

Nevertheless, you do not need payslips to be stamped. You just need a letter from previous employer in their company paper confirming that the payslips they issued to you were genuine.

They can write something like " We confirm that the payslips below which were issued to Jockey35 electronically are genuine. They are dated 31/01/2018, 28/01/2018 etc etc"

If your previous employer are being difficult tell them you will be seeking legal advise because you as the employee have the right to payslips and also right to know about any information they have about you (including which payslips they issue to you). Also ask them about a copy of your contract - they have to keep a copy of this and provide it to you as its information relating to you.

If they say anything about data protection then remind them it is data about you for yourself. Sometimes employers don't like writing to Home Office - the employee letters can be addressed to you, it doesn't have be addressed to Home Office.

If you are earning 20k new job then perhaps wait until you have 6 months of payslips and apply under CAT A.

[Jockey35]

Because your a new member private function will not be yet available to you so we are stuck communicating here.

Nevertheless, you do not need payslips to be stamped. You just need a letter from previous employer in their company paper confirming that the payslips they issued to you were genuine.

They can write something like " We confirm that the payslips below which were issued to Jockey35 electronically are genuine. They are dated 31/01/2018, 28/01/2018 etc etc"

If your previous employer are being difficult tell them you will be seeking legal advise because you as the employee have the right to payslips and also right to know about any information they have about you (including which payslips they issue to you). Also ask them about a copy of your contract - they have to keep a copy of this and provide it to you as its information relating to you.

If they say anything about data protection then remind them it is data about you for yourself. Sometimes employers don't like writing to Home Office - the employee letters can be addressed to you, it doesn't have be addressed to Home Office.

If you are earning 20k new job then perhaps wait until you have 6 months of payslips and apply under CAT A.

Thanks so much. When I calculated my 12month salary it didn't not meet the requirement so I will be better off waiting for 6months in my new job though I've only been there for a month. It's seems like 6months is like forever. Lol. Also I have some more few questions. If you have a court wedding and next day you have a white wedding in a non gazetted venue will it affect the spouse visa applications? Will they wonder why you registered your marriage and then had a wedding? Will it nullify the court wedding since the wedding won't be done before court wedding but after court wedding? Also like I said previously my husband's previous marriage was not genuine and we first became friends on Facebook in 2010 and in 2012 we started sending emails to each other which we can prove and then make it look like we moved from friendship to been in a serious relationship after his divorce. WillI have to prove our relationship from when we became friends on Facebook in 2010 till date or we should provide evidence only from after the divorce? Will home office wonder why he was legally married and had a friend who was a female. Are they in any position to question why he was married and had a friend who was a lady outside his wife?

[Katie_France]

Jockey35,

There is no negative attitude against you here from other forum members. What they were trying to say is that you shouldn’t do deception over deception.

You should really seek legal advice in your situation. The visa application is very expensive so you should be ready for any outcome, and maybe it’ll take more time in case your application requires appeal.

[Londoner007]

Home Office are more than within their rights to ask these questions and many more - you are forgetting your husband used deception in the past and there is no getting around it.

Your priority should be getting the previous marriage dissolved first before wondering about the colour of clothing on photo and gazette!

As advised you need proper legal representation as your case will be heavily scrutinised.

I hope you all the best.

[FXR_1340]

The hurdles you will need to pass are - eligibility to marry (were you free to marry your new real wife at the time of application). This means free from previous relationships and were free to marry.

You will need to find a way to dissolve your last marriage to show that the relationship has permanently broken down. Be it a real or not real marriage you need to prove you are free from it. I know its easy for us to say you shouldnt have done this and shouldnt have done that but we all make mistakes and we have to fix it.

After you are free from your marriage, you will need to find a way to marry and register your new marriage and then do the application.

Your biggest risk will be the deception bit, you have clearly lied and Home Office take this very very seriously - but if you can come clean and show you have taken steps to fix it and actually done something about it - and all this is proofed for and it is all submitted to the ECO - who knows you may have a very sympathetic ECO who may consider allowing your entry. - All the best.

Thanks- at least there is someone who knows we all make mistakes. Thanks for the advice.
Also will it be a problem if my previous employer refuses to write me a letter of employment and refuses to sign or stampthough I have all electronic payslips? Might apply under category B. I do not have my previous job contract but I can provide one from my new job and letter of employment from my new job earning 20k a year. Can I chat with you privately it looks like most people here are very judgemental and would rather not respond to any other question after my first one regarding deception

Quite frankly your attitude stinks!

You say repeatedly that you take responsibility for the previous deception and yet you appear to want to continue with more deception. In addition you say the agent is to blame. It can only be imagined that the scenario went something like this:

Agent: it will help the application if we say you are married and have a child.

Applicant: but I'm neither married nor do I have a child.....but if it helps the application then lets do it.

You need to face the facts. You may well have a massive job to achieve what you wish. Given the past untruths that is to be expected.

Please, dont suggest other dont understand about making mistakes.

Good luck.

[Jockey35]

Jockey35,

There is no negative attitude against you here from other forum members. What they were trying to say is that you shouldn’t do deception over deception.

You should really seek legal advice in your situation. The visa application is very expensive so you should be ready for any outcome, and maybe it’ll take more time in case your application requires appeal.

Thanks. It's better to say it this way than for people to be rude.

[Jockey35]

Home Office are more than within their rights to ask these questions and many more - you are forgetting your husband used deception in the past and there is no getting around it.

Your priority should be getting the previous marriage dissolved first before wondering about the colour of clothing on photo and gazette!

As advised you need proper legal representation as your case will be heavily scrutinised.

I hope you all the best.

Alright thanks will see for legal help.